CIVIL CASE REPORT by Geofree Capodanno

New Mexico Scorpions sued by former employees
by Geofree Capodanno


ALBUQUERQUE - Five former employees of the New Mexico Scorpions ice hockey team are currently in a battle with their former employers over allegations of racial and sexual discrimination due to events occurring during the team’s 2001-2002 season. The Scorpions’ award-winning community relations and sales representative Rosann Williams, box office manager Kaye Hunter, pro shop employee Mia Marquart, former player and assistant coach Rob Haddock, and team controller Moira Daly, filed the suit against several members of the Scorpions’ organization in the State of New Mexico Second Judicial District Court in September of 2003. The trial will take place in March of 2005. The Defendants include the owner of W.D. Sports NM, Inc. William Douglas Frank, General Manager Patrick Dunn, Community Liaison Tyler Boucher, new General Manager Daniel Burgers, Vice President of Finance and Administration Bruce Levine, W.D. Sports N.M. Inc., and the New Mexico Scorpions.

WD Sports N.M. Inc. purchased the Scorpions with Defendant Frank taking over as the team’s President. Then, Frank named Defendant Dunn as the team’s General Manager. The other Defendants, Burgers and Levine, were hired later throughout the course of the season. Plaintiff Williams was already employed with the team while fellow Plaintiffs Hunter, Daly, Haddock, and Marquart were hired after the team purchase.

According to the suit, two of the Defendants, Boucher and Dunn, regularly made lewd comments about the female Plaintiffs, referring to them as “f*cking b*tches”. Another instance stated in the complaint was that Dunn and Boucher openly referred to women as “slits” and “peelers”. At one point, Boucher had allegedly called Williams a “b*tch” and a “donkey” in front of her interns, Dunn, and even ticket holders. Aside from sexual comments, the female Plaintiffs allege that male employees were given higher salary wages than they received for doing the same tasks. When problems such as these were reported to Frank, he did absolutely nothing to rectify them.

As for Haddock, he claims that he had dealt with racial discrimination from the organization in the complaint. Haddock, who also served as a sales representative among his other duties, was denied the use of a company car, a cell phone, a computer, and a desk phone like all of the other sales representatives. He also claimed that when he complained about these instances, his abuse worsened. After assisting Williams in the sharing of her accounts due to his complaints being unresolved, Boucher asked her why she was helping a “n*gger”. Haddock was later fired by the team. Boucher allegedly said that Haddock was terminated because he was a “n*gger’ and a “f*g” while standing near a season ticket holder.

Williams’ termination followed shortly after. As mentioned before, she was a Scorpions’ award-winning community relations and sales representative. Now, she had to file a discrimination, hostile work environment, and retaliation claim with the New Mexico Human Rights Division. She claimed that the Defendants’ attorney, John Phillips, threatened to ruin her reputation by implanting lies due to this action.

Hunter resigned from her position in March of 2002 due to her own claims abuse by the Scorpions staff. She stated that Dunn and Boucher both made jokes to her about women being in sexual acts, such as spreading their legs to help them practice putting. Hunter also claimed that Dunn had openly discussed nicknaming his wife “The Dominator”, after hockey goalie Dominik Hasek, due to being repeatedly being “shutout” or refused for sex.

These are just a few of the many abusive incidents that the Plaintiffs claimed they endured that season. Other allegations stemmed from the Scorpions’ hiring of a new General Manager, Defendant Daniel Burgers, who replaced Dunn. Burgers is accused of maintaining the same atmosphere provided when former General Manger Dunn was held the title. Marquart stated that he asked her why she didn’t work at one of the local strip clubs as well as making sexual advances towards her. She also claimed that she was forced to work in an office with no heating, which resulted in asthma complications and chronic bronchitis.

According to the American Civil Liberties Union (ACLU) website, Daly explained her struggles with the treatment by the Defendants. "The worst thing for me was not being able to do anything about it," said Daly. "I had employees in my office crying and I knew from prior complaints to the team's owner and General Manager that nothing would be done." Daly states that she was told to take a considerable demotion for a lower pay than her starting salary. She also claimed that Burgess offered for her to be his personal assistant to “close” deals because she was attractive. Daly was discharged after refusing the offer.

Finally, Marquart stated that she felt alone since Williams, Daly, Hunter, and Haddock were already gone from the organization. She resigned after being ordered to train a new employee and subsequently getting demoted to be his assistant.

According to the ACLU press advisory, the lawsuit alleges multiple violations of the New Mexico Human Rights Act and Title VII of the 1964 Civil Rights Act, as well as defamation and retaliatory discharge. The Plaintiffs seek compensatory and punitive damages, as well as equitable relief to prevent future violations.

The ACLU is lending its support on behalf of the Plaintiffs. The ACLU, who usually assists in government issues and not against cases concerning private companies, is providing its representation in this case is due to the plight of the Plaintiffs. In a telephone interview, ACLU Executive Director of New Mexico Peter Simonson explains, “We felt moved because of the constant sexual harassment, lewd jokes, and comments these people had to suffer day after day.” He continued to explain, “With such a hostile working environment, we felt like we needed to get involved.”

Simonson said that the ACLU felt a different reason for its organization to get involved as well. “The Scorpions are a high profile team here,” said Simonson. “The Plaintiffs were going to feel extreme pressure from the media and the press because the Scorpions have such a large following and support. We wanted to support them on a moral standard.” He talked about precedent being set on a different level. “The only precedent that we would like to have set by this case is drawing more attention to these discriminatory racial and gender dynamics partial of the sports environment. There have been several other cases in New Mexico relating to these kinds of discrimination and we want to see these kinds of instances come to an end.”

Simonson also stated that an effort to reach a settlement was made in October and November through conferences. The Plaintiffs declined and that is why the case is headed to a jury trial in March. “These five individuals loved their jobs under the old management and were always strong supporters of the team,” Simonson explained. “They felt that they were breaking their bond with the Scorpions because practices in the workplace changed with the new management.”

Maureen Sanders, the ACLU of New Mexico Co-Legal Director, entered the case and shares Simonson’s views on behalf of the ACLU. On the ACLU website, Sanders explained, "While the ACLU rarely enters cases against private employers, the stories of sexual and racial discrimination involved here are so shocking and well-documented that we felt a duty to lend our assistance. Hopefully, the attention that ACLU involvement brings to this case will send a signal that sexual and racial harassment in professional sports will not be tolerated."

Katy Hammel, of The Hammel Law Firm, P.C., is the ACLU Cooperating Attorney who has taken pro bono representation of the Plaintiffs. She understands the long term damages due to her clients’ mistreatment. She feels strongly about the justification of her clients’ suit as well. In the article on the ACLU website, Hammel stated, "Abusive work situations can be devastating, especially for people who love their jobs. These employees were true hockey fans. They were proud to be a part of the Scorpions. One of them even had her lower leg tattooed with the figure of a scorpion holding a hockey stick. These employees did not deserve to lose their jobs because they could not tolerate being called 'b*tches' and 'donkeys' and 'n*gger.’”


The Defendants and their attorney, John Phillips, were not able to be reached for comments or reactions to the case.